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Patna High Court - Orders

Amina Khatun vs The State Of Bihar on 22 February, 2024

Author: Chandra Shekhar Jha

Bench: Chandra Shekhar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9129 of 2024
                    Arising Out of PS. Case No.-160 Year-2023 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Amina Khatun Wife Of Md. Ejajul @ Ejaj R/O-Dwaram @ Duaram, P.S.-
                 PHULPARAS, Distt.-MADHUBANI

                                                                                 ... ... Petitioner/S
                                                       Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar, Advocate
                 For the Opposite Party/s :       Mr.Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   22-02-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Phulparas P.S. Case No. 160 of 2023, registered for the offences punishable under Sections 341, 323, 326(A) of the Indian Penal Code.

3. The allegation against above named petitioner is to pour boiled water upon the informant and others, causing bodily burn injuries.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner and informant are family members and the narration of FIR itself suggests that it is not a case of acid attack, therefore, implication under Section 326A is Patna High Court CR. MISC. No.9129 of 2024(2) dt.22-02-2024 2/2 appearing false on its face. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances, as narration of FIR failed to suggest any acid attack, accordingly, above named petitioner, who is a lady of clean antecedent, in the event of her arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-2nd, Jhanjharpur, District- Madhubani/concerned Court, where the case is pending in connection with Phulparas P.S. Case No. 160 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/-

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